Agenda Item No.13

 

THE VALE OF GLAMORGAN COUNCIL

 

CABINET MEETING: 18TH JULY, 2007

 

REPORT OF THE DIRECTOR OF ENVIRONMENTAL

AND ECONOMIC REGENERATION

 

 

DEFINITIVE MAP

 

APPLICATION FOR PUBLIC PATH DIVERSION ORDER - NO. 6 PETERSTON

 

Purpose of Report

 

1.         To inform Cabinet of the application for the diversion of Public Footpath No. 6 Peterston and to seek approval for the making of the relevant Diversion Order.

 

Background

 

2.         The Wildlife and Countryside Act 1981 places a duty on every surveying authority to ensure that the Definitive Map and statements for the public rights of way network is kept under continuous review.  The task of bringing the Definitive Maps up to date was recognised by the Secretary of State to be a considerable task, as each path has to be investigated.  The Vale of Glamorgan Council has some 552 km of paths.

 

3.            Irregularities have been identified with some of the routes of the existing paths on the Definitive Map.  In many cases backdated diversion, extinguishment or creation Orders are required for the paths before the Definitive Map Modification Orders can be used to show the amended routes on the revised Definitive Map.  Approximately 30 such changes have been identified; most of them within housing estates, and these are being investigated within the current review.

 

4.         The Council is currently undertaking the necessary works to update the Definitive Map, which will incorporate all modifications that have been made by Order since the last map was published in 1954.

 

5.         This application relates to a section of the path that runs through 10 gardens in Ael-y-Bryn, Peterston-super-Ely.

 

6.         The route of the proposed diversion is shown on the attached map (Cab/070718/P6/6) (PDF).  The length of the path to be stopped up is shown as a solid black line (A-B) and the length of new path to be created is shown as dashed black lines (A-C-D).

 

7.         The intention of the application for No. 6 Peterston is to divert the route from the agricultural land along the existing snicket between houses and terminate at the head of the cul-de-sac of Ael-y-Bryn, where it would join the adopted highway.

 

8.            Walkers are currently walking along this proposed route, as there is no other alternative.

 

Relevant Issues and options

 

9.         The application is being made under Section 119 of the Highways Act 1980.  Orders made under the Highways Act 1980 essentially relate to the physical changes to the rights of way network on the ground.

 

10.       The Definitive Map is currently being updated and it would be unwise that the path in its present alignment is allowed to remain on the map, as the public have a right to pass along the route of the path at all times irrespective of whether they have to pass through a garden or not. 

 

Resource Implications (Financial and Employment)

 

11.       The cost of making the Order can be met from within the departmental budget.

 

Legal Implications (to include Human Rights Implications)

 

12.       It is proposed that the Order be made under Section 119 of the Highways Act 1980 and would be subject to normal statutory procedures.

 

Crime and Disorder Implications

 

13.       None.

 

Equal Opportunities Implications (to include Welsh Language Issues)

 

14.       There are no equal opportunity implications for this Authority.

 

Corporate/Service Objectives

 

15.       The Corporate Plan includes the provision for improvements to the Public Rights of Way Network.

 

16.       The Draft Rights of Way Improvement Plan – Improving Countryside Access in the Vale seeks to bring the Definitive Map up to date, correct anomalies and to maintain it as a basis for timely and effective legal processes.

 

Policy Framework and Budget

 

17.       This report is a matter for Executive Decision by Cabinet.

 

Consultation (including Ward Member Consultation)

 

18.       The views of the Local Member, the Community Council, landowners, Estates and Housing departments and the local group of the Ramblers Association have been sought and no adverse comments have been received.

 

Appropriate Scrutiny Committee

 

19.            Economy and Environment.

 

RECOMMENDATIONS

 

(1)       That the Director of Legal, Public Protection and Housing Services be authorised to make an Order under Section 119 of the Highways Act 1980 diverting Public Footpath No. 6 Peterston as shown on the attached map.

 

(2)            Provided no objections are received, the Director of Legal, Public Protection and Housing Services be authorised to confirm the Order on the expiry of the relevant Notice period.

 

Reasons for Recommendations

 

(1)       The Order is required for the security and convenience of the owners of the dwellings affected and for the safety and convenience of the users.

 

(2)       To correct anomalies on the Definitive Map of Public Rights of Way.

 

Background Papers

 

None

 

Contact Officer:  Chris Jones-Jenkins – Telephone 01446 704810.

 

Officers Consulted:

 

Head of Economic Development and Leisure

Finance and Accountancy

Housing and Community Safety

Group Estates Officer

Legal Services – Committee Reports

 

Rob Quick

Director of Environmental

and Economic Regeneration